There are two types of Temporary Barring Orders, the Interim Barring Order and the Emergency Barring Order.
What is an Interim Barring Order?
An Interim Barring Order is a temporary order that may be granted if the court thinks there are reasonable grounds to believe you or your dependants are at significant risk of harm. This order is valid for up to 8 working days. There will usually be a court hearing for a full Barring Order after 8 working days.
Under Irish Law, an Interim Barring Order requires that the violent person leave the family home. It also prohibits using or threatening to use violence against you and/or any dependent children. The Interim Barring Order directs the abusive person not to attend or be near of, or watch the place where you and your dependants live.
Who can apply for an Interim Barring Order?
- A person who is married or in a civil partnership regardless of how long they have lived
together - A person who has lived with the abusive person before applying
- A person who has more property rights than the abusive person, e.g. if you own more than half of the house, or if the house you rent is in your name only, i.e. the rental
agreement is not in both of your names - Parents against their own child if he/she is over 18 years of age but they must not own all or most of the house
What is an Emergency Barring Order?
An Emergency Barring Order is a temporary order that may be granted if the court thinks there are reasonable grounds to believe you or your dependants are at significant risk of harm. This order is valid for 8 working days. You cannot obtain a full Barring Order following an Emergency Barring Order.
An Emergency Barring Order requires that the violent person leave the home. It also prohibits using or threatening to use violence against you and/or any dependent children. The Emergency Barring Order directs the abusive person not to attend or be near of, or watch the place where you and your dependants live.
Who can apply for an Emergency Barring Order?
- A person who has lived with the violent person before making the application,
provided the applicant has less than or no ownership in the property - Parent of an adult child once the parent has less than or no ownership in the property
It is best to apply for either order as soon as possible after an abusive incident.
How do you apply for a Temporary Barring Orders?
You must go to your local District Court Office to make an application.
When in the District Court you can ask a staff member where to go to make a Domestic Violence
Order Application.
What do I need to bring?
- Proof of identity i.e. passport, driver’s licence
- The violent person’s address if they are not currently living with you
- If it is not your first application against this person, any reference numbers from previous cases
Possible Outcomes
- An interim order may be put in place to protect you and is valid until the date of the safety
or barring order hearing (see Safety Order or Barring Order factsheet) - These orders are only valid for 8 working days.
- These orders take effect from when abusive person is notified of it by the court or Gardaí
You do not need legal representation for an initial application, however, it is recommended that there is legal representation for the full court hearing.